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High Court of DelhiW.P.(C)/15753/2025

Devanand Shukla v. Central Vigilance Commission & ORS.

2026-01-13Hon'Ble Mr. Justice Purushaindra Kumar Kaurav6 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15753/2025 and CM APPL. 909/2026 DEVANAND SHUKLA .....Petitioner Through:

Petitioner in person.

versus CENTRAL VIGILANCE COMMISSION & ORS.

.....Respondents Through:

Mr. Piyush Beriwal with Ms. Ruchita Srivastava, Ms. Neha and Mr. Dev Aaseri, Advocates for R1.

Mr. Abhishek Nanda, Ms Hrishika Rawat and Ms Yashika Singh Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 13.01.2026 1.

The petitioner in the instant petition prays for the following relief:- "a. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing Respondent No. 1 to forthwith assume direct control and supervision over the Petitioner's vigilance complaints namely Complaint Nos. 112564/2025, 112565/2025, and 112566/2025 and to immediately commence an independent and impartial inquiry therein; b. Pass such other order(s) or direction(s) as this Hon'ble Court may deem fit and proper the interest of justice." 2.

Looking at the nature of the controversy and the fact that the petitioner, who is suffering with 40% permanent locomotor disability, was appearing in person, the Court vide order dated 04.11.2025 appointed Mr. Udit Gupta, Advocate as Amicus Curiae.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Today, when the matter is called out, Mr. Gupta has submitted a note in relation to the controversy and the issues involved herein. 4.

The facts would reflect that the petitioner had availed a loan linked with insurance coverage between June, 2024 to August, 2024. The petitioner appears to have met with a serious accident on 05.12.2024 resulting in 40% permanent locomotor disability, as reflected in the UDID Certificate dated 20.02.2025, which was updated on 28.05.2025. The grievance and the claim of the petitioner essentially relates to a lis against insurance companies namely, Acko General Insurance, Care Health Insurance and SBI General Insurance.

5.

The petitioner submits that his claim of insurance has wrongly been rejected. There has been a grave illegality and irregularity by various officials in handling the petitioner's grievance. The petitioner, therefore, claims to have approached CPGRAMS portal, BIMA Bharosa Portal, Ombudsman office amongst various other authorities. 6.

The nature of the complaints and the details have been succinctly captured by Mr. Gupta in his note, which are extracted as under:- Complaint Number Action on Complaint 112564/2025 (Annexure P1 @ 30) Issues related to insurance fraud, regulatory inaction and 12.11.2025: case closed due to inadequate information (Document 2 of the Note @ Page 27) Complaint Date improper disposal of 19.06.2025 grievances Complainee and Designation Department of Financial Services The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Secretary and Director 112565/2025 (Annexure P2 @ 69) 04.09.2025:

CVC forwarded the complaint to Central Vigilance Officer, Department of Financial Services (Annexure P5 @ 110) 10.10.2025:

Central Vigilance Officer, Department of Financial Services forwarded the complaint to Administrative/ Concerned Authorities, (B.O.

III), DFS (Document 3 of the Note @ Page 28) 08.12.2025: Complaint Open 112566/2025 (Annexure P3 @ 92) Fraudulent disposal of CPGRAMS Appeals (Centralized Public Grievance Redress and Complaint Date 20.06.2025 Monitoring System) Complainee and Designation Insurance Regulatory and Development Agency Assistant General Manager Violation of multiple 25.07.2025:

CVC forwarded the complaint to Central Vigilance Officer, Reserve Bank of India (Annexure P6 @111) 07.08.2025:

Central Vigilance Officer, Reserve Bank of India forwarded the complaint to Chief General Manager, Consumer Education and Protection Department, Reserve Bank of India (Annexure P7 @112) 25.09.2025: Complaint closed under a nonappealable clause regulatory and statutory duties Complaint Date 20.06.2025 Complainee and Designation Reserve Bank of India The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(Annexure P9 @116) 7.

Mr. Gupta, therefore, points out that the governing provisions of Insurance Act, 1938 and Insurance Regulatory and Development Authority Act, 1999 and the Rules framed thereunder, seem to have been violated in dealing with the petitioner's grievance. He also points out that if the petitioner approaches the Central Vigilance Commission, which is constituted under the Central Vigilance Commission Act, 2003, the grievance of the petitioner should be taken to its logical conclusion. 8.

Mr. Gupta, precisely pointes out that are following rules and regulations, which would essentially govern the petitioner's case:- "a. Insurance Regulatory and Development Authority of India (Protection of Policyholders' Interests and Allied Matters of Insurers) Regulations, 2024 notified on 01.04.2024. b. Master Circular on Protection of Policyholders' Interests, 2024 dated 05.09.2024 c. Master Circular on IRDAI (Insurance Products) Regulations, 2024- Health Insurance dated 29.05.2024 d. Guidelines on Standard Personal Accident Insurance Product dated 25.02.2021 e. The Insurance Ombudsman Rules, 2017 f. Central Vigilance Commission Act, 2003.

g. Complaint Handling Policy dated 01.07.2019 of CVC." 9.

The grievance and representation of the petitioner has also been captured in the following paragraph, which is extracted as under:- INSURANCE COMPANY OMBUDSMAND PROCESS Acko General 20.12.2024 06.01.2025:

raised:

ONL-PUN-G-0562425-00321 11.06.2025:

Documents PARTIAL ACCEPTANCE/ REJECTION The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

sought for Mediation 01.07.2025:

Complaint registered:PUN-G-0562526-0118 January, 2026:

Hearing Pending Care Health 16.03.2025 24.03.2025:

raised:

ONL-PUN-G-0372425-00409 11.06.2025:

Complaint Registered:

PUN-G-0372526-0077 01.07.2025:

Consent for Mediation January 2026:

Hearing Pending.

10.

Mr. Gupta, therefore, with the help of the Insurance Ombudsman Rules, 2017 points out that various duties and functions of Insurance Ombudsman are prescribed and any delay in settlement of claims, partial or total repudiation of claims, misrepresentation of the policy terms and conditions etc., are all such issues which can be adequately looked into by the Ombudsman. He also points out from Annexure P-8 that a complaint of the petitioner has duly been registered with the Ombudsman and there does not seem to be any order passed by the Ombudsman. 11.

Under these circumstances, the Court deems it appropriate to issue following directions:- (i) Let the petitioner to approach jurisdictional Insurance Ombudsman in a fresh application specifically pointing out the pendency of his earlier application and the grievance which subsists against the Insurance companies;

(ii) Let the aforesaid exercise be carried out within a period of thirty (30) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

days from today;

(iii) On receipt of the complaint of the petitioner, let the same be dealt with in accordance with law with due expedition by affording an opportunity of hearing to all necessary parties;

(iv) Let a final decision on the petitioner's complaint be taken by the Insurance Ombudsman within a period of three months from date of its receipt.

12.

With the aforesaid observations, the instant petition stands disposed of along with all pending applications.

PURUSHAINDRA KUMAR KAURAV, J JANUARY 13, 2026 Nc/amg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.